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| Critical and unresolved questions arising from Abuja federal high court’s de-criminalization of IPOB and pro Biafra nonviolent campaign in Nigeria |
(Intersociety, Onitsha Nigeria: 3rd March 2017)-First of
all, we make bold to say that the dismissal of six count charges out of the
eleven charges as contained in a judgment delivered yesterday, being 2nd
March 2017 by the Abuja Division of the Federal Court, presided over by Hon
Justice Binta Murtala Nyako was totally correct; though it was grossly belated.
The entire eleven spurious and persecutorial charges levelled against Citizens
Nnamdi Kanu, Dave Nwawuisi, Ben Madubugwu and Chidiebere Onwudiwe should have
been dismissed in totality.
Though the dismissal is long
overdue and long expected but it is legally and constitutionally grounded. It
is a victory for the Fundamental Human Rights provisions in Nigeria’s 1999
Constitution and their counterparts in the Universal Declaration of Human
Rights (UDHR), the International Covenants on Civil & Political Rights and
Economic, Social & Cultural Rights as well as the African Charter on Human & Peoples
Rights. It must be pointed out that matters involving human rights transcend
all the boundaries of all regions of the world without hindrances and restrictions.
Other victors of the dismissed
spurious charges are the pacifist and nonviolent Indigenous People of Biafra
(IPOB) and its global and local leaders especially Citizen Nnamdi Kanu (POC);
the conscientious segment of the Nigerian media; international leading rights
groups like Amnesty International; local leading rights groups like
Intersociety and Southeast Based Coalition of Human Rights Organizations; other
respected Igbo groups and individuals residing locally and internationally; and
the entire Igbo Race and Southern Nationalities.
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| Critical and unresolved questions arising from Abuja federal high court’s de-criminalization of IPOB and pro Biafra nonviolent campaign in Nigeria |
Conversely, the worst losers
following the long overdue judgment are the Nigerian Army and its COAS, Lt Gen
Turkur Yusuf Buratai; ailing President Muhammadu Buhari and the SSS and its DG,
Alhaji Musa Daura. Other losers are the Nigeria Police Force and its incumbent
and immediate past IGPs, Alhaji Ibrahim Kpotum Idris and Solomon Arase;
treacherous and rotten Igbo politicians; to mention but a few.
It is recalled that Hon Justice
Binta Nyako had in her judgment dismissed six out of eleven spurious and
persecutorial charges leveled against Citizen Nnamdi Kanu and ors. That is to
say that the Hon Pre-trial Court held that: (1) owing to want or lack of evidence before it from the prosecuting body
(i.e. AGF/SSS); IPOB is not an illegal or unlawful society/organization and the
defendants do not belong to an illegal or unlawful society/organization; (2)
that the defendants do not own and manage or operate unlawful or illegal
society/organization; (3) that the claims by the prosecution that the
defendants are researching how to make improvised explosive devices (IEDs)
cannot hold waters, because there was no proof that they were doing it; (4)
that there was no evidence before the Court showing that the importation of
radio transmission equipment was illegal and contravened the Custom & Excise
Act of 2004. It is also important to note that the eleven spurious charges
were repeated or duplicated in some areas.
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| Critical and unresolved questions arising from Abuja federal high court’s de-criminalization of IPOB and pro Biafra nonviolent campaign in Nigeria |
For the avoidance of doubt the
entire nine watery and spurious count charges, duplicated into eleven count
charges are: count one: conspiracy to commit treasonable felony; in
which Nnamdi Kanu, Ben Madubugwu, Dave Nwawuisi and Chidiebere Onwudiwe were
accused of using the Radio Biafra London
in diverse dates in 2014 and 2015 to campaign for the independence of Biafra; count two: treasonable felony by using Radio Biafra for the same purpose; count three: managing an unlawful
society by forming the Indigenous People of Biafra (IPOB) around 2012; count four: publication of defamatory
materials/matter on 28th April 2015 against President Muhammadu
Buhari; count five: improper
importation of goods contrary to Section 47 (1) (a) (i) of the Custom &
Excise Management Act of 2004.
Others are: count six: improper
importation of goods contrary to Section 47 (2) (a) of the Custom & Excise
Management Act 2004; count seven:
management of an unlawful society by keeping a large container housing a Radio
Transmitter in Ubuluisiuzor (Ihiala LGA) per Ben Madubugwu known as TRAM 50L; count eight: illegal possession of
firearms (two pump action guns) by Ben Madubugwu, said to be contrary to
Section 27 (b) (i) of the Firearms Act 2004; count nine: conspiracy to
commit treasonable felony per Chidiebere Onwudiwe and Dave Nwawuisi by
installing Radio Biafra Transmitters along Ogui Road in Enugu; and count ten: terrorism per Chidibere
Onwudiwe, said to be contrary to Section 2 (1) (a) of the Terrorism (Prevention
(Amendment) Act of 2013; by “being caught committing an act preparatory to act
of terrorism by researching for the purpose of identifying and gathering of
improvised explosive devices (IEDs) making materials to be used against
Nigerian security forces”.
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| Critical and unresolved questions arising from Abuja federal high court’s de-criminalization of IPOB and pro Biafra nonviolent campaign in Nigeria |
It is very striking to note that
nowhere in the entire nine charges or duplicated eleven count charges was the
defendants or IPOB linked with armed rebellion or caught with evidence as armed
opposition group with defined war boundaries, weaponry and records of human and
material casualties or destructions. Another important fact to note is that
President Muhammadu Buhari became the President of Nigeria on 29th
May 2015 and cannot therefore seek legal remedies for an alleged defamatory
publication that took place on 28th April 2015 (see count four of
the charges). The Nigeria’s 1999 Constitution also prohibits criminalization of
acts/conducts in retrospect or by way of retroactive criminality. See Section
36 (8) & (12) of Nigeria’s 1999 Constitution.
Consequently, the following
critical and unresolved questions have arisen from Hon Justice Binta Nyako’s
selective dismissal of six charges and sustaining of five controversial others.
Our first critical question is: (1) on what ground is the charge of terrorism
retained in the spurious charges since the same Court held that “there is no
evidence showing that Citizen Chidiebere Onwudiwe was caught
in Enugu around June 2015 committing an act preparatory to act of terrorism by
researching for the purpose of identifying and gathering of improvised
explosive devices (IEDs) making materials to be used against Nigerian security
forces”. See count eleven, which originally is count nine of the
spurious charges.
Our second critical question is: how
come count four is retained for trial when it is clear to every Tom, Dick and
Harry that President Muhammadu Buhari was a mere president-elect as at 28th
April 2015 when the prosecutors claimed he was injured by a defamatory
publication that took place on 28th April 2015 per Nnamdi Kanu and
his Radio Biafra London; whereas he was sworn in as President of Nigeria as
from 29th May 2015?
Our third critical question is: if in
the judicial notice and opinion of Hon Justice Binta Murtala Nyako and her
honourable Federal Court; IPOB is not an unlawful or illegal
organization/society and its leaders led by Nnamdi Kanu (POC) are not managing
or operating an illegal or unlawful society/organization per IPOB; how come the
same Honourable Court approved the trial of the same citizens and their group
for offences of conspiracy to commit treasonable felony, treasonable felony and
terrorism?
Our fourth critical question is: when
have democratic free speeches by way of radio transmission and communications
with total absence of force of arms or armed rebellion or insurgency or
insurrection or terrorism; translate to intent or act to violently overthrow
the present Government of Nigeria? How many Boko Haram and Nomad Fulani
Jihadists have been arrested and standing trials for offences of treason,
treasonable felony and terrorism?
Our reasons for pointing out the
forgoing with accompanying critical questions are for all Nigerians and members
of the international community to take note of how the law abiding citizens are
being pursued, hunted, hounded, tortured, killed and persecuted in Nigeria;
while the lawless ones are being protected, amnestied and presidentially
cuddled and rewarded. They are also for defensive and legal notice of the legal
team of Citizen Nnamdi Kanu (POC) and ors so as to get the entire spurious
charges quashed judicially by the same Pre-Trial Court or the Appellate or the
Apex Court without further delays.
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| Critical and unresolved questions arising from Abuja federal high court’s de-criminalization of IPOB and pro Biafra nonviolent campaign in Nigeria |
Signed:
For: International Society for
Civil Liberties & the Rule of Law (Intersociety)
Emeka Umeagbalasi, Board Chairman
Mobile Line: +2348174090052
Email: emekaumeagbalasi69@gmail.com
Website: intersociety-ng.org
Obianuju Joy Igboeli, Esq.
Head, Civil Liberties & Rule
of Law Program
Mobile Line: +2348180771506
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